Wrongful Death Legal Funding

Wrongful death proceedings are emotionally draining as well as costly, involving expert witnesses and extensive technical and scientific testimony. If you are an attorney involved in wrongful death lawsuits, your fees and out-of-pocket expenses have probably been extensive. Post-settlement legal funding, also known as our Fee Acceleration program, is a cash flow solution for attorneys waiting on slow-paying fees. Call RD Legal Funding at 1-800-565-5177 to speak with a legal funding specialist. Or fill out the brief form to your right to begin the application process.

What is Wrongful Death?

A death that is the result of another individual, company, or entity’s negligence or misconduct is called “wrongful”. The following elements must be met to bring a successful wrongful death suit:

  • Death of a human being
  • Caused by another’s negligence or with intent to cause harm
  • Survival of family members who are suffering monetary injury as a result of the death
  • Appointment of a personal representative for the decedent's estate, usually the deceased’s immediate family members including the surviving spouse, children or parents

Wrongful deaths arise from circumstances, such as these:

  • Medical malpractice
  • Car or plane accident
  • Occupational exposure to hazardous conditions or substances
  • Criminal behavior
  • Death during a supervised activity

Generally the surviving beneficiaries may sue any person who caused the injuries that precipitated the death. A traditional exception to this rule has been applied to family members. Suits against state or local government can only move forward if the state has waived its sovereign immunity. Statutes of limitations apply to wrongful death suits.
 
What damages can be recovered differ from state to state but usually include:

  • Financial support the deceased would have contributed to the family during their life or the life of the plaintiff, whichever is shorter
  • Value of the deceased’s household services
  • Value of the gifts lost as a result of the victim’s death
  • Direct expenses including medical bills and the cost of the funeral
  • Loss of benefits in the form of the pension or retirement benefits the person would have received if they had lived
  • Non-economic damages based on the loss of love, sexual relations, training, and guidance, as well as emotional support plus the mental pain and suffering resulting from their death

The judge instructs the jury to consider the deceased’s age and their life expectancy in calculating the value of the above. There is no fixed standard for estimating the value of non-economic damages.
 
One of the most widely followed wrongful death suits involving a governmental entity is the Branch Davidian suit against the federal government, permitted by a federal judge in Texas. Some 100 plaintiffs from the religious sect based in Waco, Texas sought $675 million in damages, alleging that the government used excessive force in a standoff with the group. On April 19, 1993 the compound, which was thought to contain a hoard of weapons, burst into flames, killing everyone inside including sect leader David Koresh and 17 children. The judge later found that the federal government held no responsibility for the incident.
 
The wrongful death trial of Michael Jackson began in Los Angeles, California on April 29, 2013. Katherine Jackson and Jackson’s three children, Prince, Paris, and Blanket, filed suit against AEG, one of the leading sports and entertainment companies in the world and the concert promoter of the star’s upcoming tour.  Jackson’s family claims that AEG (1) negligently hired Doctor Conrad Murray who was present when Jackson overdosed on sedatives and Propofol and went into cardiac arrest, and (2) put excessive pressure on Jackson to be ready for the tour. Propofol is a drug that reduces anxiety and tension, and promotes relaxation and sleep or loss of consciousness. It provides loss of awareness for short diagnostic tests and surgical procedures; sleep at the beginning of surgery; and supplements other types of general anesthetics. AEG is expected to argue that Jackson chose his own doctor and was responsible for his own death. Witnesses expected to be heard at the trial include Jackson family members, ex-wives, medical and financial experts, and artists including Prince, Sharon Osbourne, Diana Ross, Ray Parker Jr., Lou Ferrigno, Spike Lee, and Quincy Jones.

Let RD Legal Accelerate Your Wrongful Death Legal Fees

RD Legal Funding provides attorneys and their clientele with immediate post-settlement financing. To start accelerating your legal fees today, please fill out the brief online application located at the upper right corner of this page. Or you can call RD Legal toll-free at 1-800-565-5177 to speak with one of our legal funding experts.

 


Apply Now for your free legal funding consultation
  • all fields required